Covenant Regarding Real Property 1999-0404851RECORDING REQUEST'BY:
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DOC 19- 0404851
JUN 10, 1999 8:33 faM
CITY OF POWAY
► OFFICIAL RECORDS
► SAN DIEGO COUNTY RECORDER'S OFFICE
WHEN RECORDED MAIL TO:)
GREGORY J. SMITH, COUNTY RECORDER
FEES: 20.00
CITY CLERK
)
CITY OF POWAY
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0 0 BOX 789
POWAY CA 92074 -0789
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No Transfer Tax Due
-
) (This space•for Recoi .-, ___1 1999.0404851
COVENANT REGARDING REAL PROPERTY
J. Patrick Fleming Trust ("OWNER" is the ownerof real property described'in Exhibit ,A
which is attached hereto and made apart hereof and which is commonly known as Assessor's Parcel Number
321- 191 -23 ( "PROPERTY" hereinafter). In consideration of the approval of Conditional Use.Permit 99 -01 by
the City of Poway ( "CITY" hereinafter) "for'the installation and operation of.awireless communication facility
by Pacific Bell Wireless, OWNER hereby agrees to abide by conditions of the attached resolution (Exhibit B).
This Covenant shall run with the land and be binding upon and inure to the benefit of the future
owners, encumbrancers, successors, heirs, personal representatives, transferees and assigns of the
respective parties.
In the event that Cond_ition6l7Use Permit expires or is rescinded by City Council at the'request of the
OWNER, CITY shall expunge.this Covenant from the record title of the PROPERTY.
In the event of litigation to enforce the provisions of this Covenant, the prevailing party,shall be entitled
to full reimbursement of all costs, including reasonable attorneys' fees, from the other party.
Dated: J t / e 9 / ", „r`v�! % • 9
J Patrick Fleming Trust (Owner)
J. Patrick Fleming, Jr., Executor
(Notarize)
Dated: -
CITY OF, POWAY'
By`. ,,
2417
'CALIFORNIA ALL•PURP6I ACKNOWLEDGMENT
State of ! f 4 1 t
County of LOS,
On BAi 818
before me,
.- ...-. -. �t�s "ltLo[ir[JG►iLiPLL /R�l'
(e.g.. 'Jane Doe. Notary Public')
Names) of qjner(s)
>�ersonally known tome = OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is /are; subscribed to the within instrument
and acknowledged to me that he /she /they executed the
same in his /her /their authorized capacity(ies), and that by
his /her /their signature(s) on the instrument the person(s),
�� or the entity upon behalf of which the person(s) acted,
Coyint on 111,10114 1 - `
A amy PUbAC_C�Np executed the instrument.
Loa Ant Canty
WMV Comm E;Phas Nta la, 2001 NI ES 72nd and se
OPTIONAL —
Though the information below is not required by law, it may prove valuable to 1
fraudulent removal and reattachment of this form
Description of Attach
Title or Type of Document:
Document Date:
Signer(s) Other Than Name
on the document and could prevent
Capacity(ies) Claimed by Signer(s)
Signer's Name: A 7M U& F� � r
LI
1
will
Individual
Corporate Officer
Title(s):
Partner —❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other: & P-O (O
Signer Is Is Representing:
® 1994 National Nnury A.—i.11— • R93F R.—I A.. P n Rm
RIGHT THUMBPRINT
`OESIGNER
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or'Conservator
O Other:
Signer Is Representing:
Conma Pnh CA rl. M.]t R4 P-r! Nn 59n]
RIGHT THUMBPRINT
OF,. SIGNER
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24IS
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
THOSE PORTIONS OF PARCELS 1 AND 2 OF PARCEL MAP NO. 5067, IN THE
COUNTY OF SAN DIEGO., STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 2, 1976 AS FILE NO. 76-
288883 OF OFFICIAL RECORDS, AS DESCRIBED IN PARCEL B OF CERTIFICATE OF
COMPLIANCE RECORDED AUGUST 31-, 1'978 AS' FILE NO.'78- 374026 OF OFFICIAL
RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL ]. MAP 5067, RECORDED
SEPTEMBER 2, 1976, IN SAN DIEGO COUNTY AS DESCRIBED ABOVE; THENCE
NORTH 86 017'59" WEST'503.02 FEET BEING THE SOUTHEAST CORNER OF PARCEL
2 OF PARCEL MAP NO. 5067 BEING THE TRUE POINT OF BEGINNING; THENCE
NORTH 39 °52'00" WEST 110 FEET; THENCE NORTH 49 045'09" WEST 408.00
FEET; THENCE NORTH 00 °`16'47" WEST 318.15 FEET TO THE NORTHERLY
BOUNDARY OF SAID PARKER LAND.; THENCE NORTH 88 021'02" WEST 442.21 FEET
OF THE NORTHWEST CORNER 'OF SAID PARKER LAND; THENCE SOUTH 00 015'02"
EAST 654.49 FEET TO THE SOUTHWEST CORNER OF SAID PARKER LAND; THENCE
SOUTH 88 017'59" EAST 82' -3. -00 FEET TO THE'TRUE POINT OF BEGINNING;
PARCEL B:
AN EASEMENT FOR ROAD PURPOSES OVER THAT PORTION OF PARCEL 3 -OF ,PARCEL
MAP NO. 5067 IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER" 2,
1976 AS FILE NO. 76- 288883 OF OFFICIAL RECORDS., DELINEATED AND
DESIGNATED AS "'PROPOSED 30 FOOT PRIVATE ROAD EASEMENT ".
A 5.00
FOOT STRIP
EASEMENT
FOR WATER LINE CONSTRUCTION AND MAINTENANCE
AND
RIGHT OF WAY
PURPOSES
OVER, UNDER, ALONG AND ACROSS THAT PORTION
OF
THE SOUTHWEST
QUARTER
OF THE NORTHWEST QUARTER OF SECTION 7,
TOWNSHIP
14 SOUTH,.RliNGE
1
WEST, SAN BERNARDINO BASE AND MERIDIAN, IN
HE
COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL
PLAT
THEREOF. THE
NORTHERLY
LINE WHICH IS MORE PARTICULARLY DESCRIBED
AS
FOLLOWS:
COMMENCING AT THE WEST QUARTER OF SAID SECTION 7; THENCE NORTHERLY
ALONG THE WESTERLY LINE THEREOF NORTH 0 015'02" WEST 646.18 FEET TO THE
NORTHERLY LINE OF PARCFL 3 OF PARCEL MAP NO. 5067, FILED IN THE OFFICE
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OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; SEPTEMBER 2, 1976 AS FILE
NO. 76- 288883 OF OFFICIAL RECORDS AND THE TRUE POINT OF BEGINNING;
THENCE EASTERLY ALONG'THE NORTHERLY LINE THEREOF SOUTH 88 017'59" EAST
1068.88 FEET TO THE WESTERLY LINE OF PARCEL 1 OF PARCEL MAP NO,
10356, RECORDED AUGUST 21, 1980 AS FILE NO. 80- 268454 OF OFFICIAL
RECORDS, THE SIDELINES OF SAID 5.00 FOOT STRfi-P ARE TO BE PROLONGED OR
SHORTENED SO AS TO ,BEGIN IN THE WEST AT THE WESTERLY LINE OF SAID
SECTION 7 AND TERMI_NATE IN THE EAST AT THE WESTERLY LINE OF SAID
PARCEL ,I OF SAID PARCEL MAP NO. 10356.
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EXHIBIT B
RESOLUTION NO. P- 99 -35'
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING MINOR CONDITIONAL USE PERMIT 99 -01
ASSESSOR'S PARCEL NUMBER 321 - 191 -23
WHEREAS, Minor Conditional Use Permit 99- 01,.submitted by Pacific Bell Wireless,
Applicant, for the purpose of erecting a wireless communications facility at 14264 Tierra
Bonita Road, at the top of Kent Hill; and
WHEREAS, the City Council has read and considered the application and has
considered other evidence presented at the public hearing; and
WHEREAS, pursuant to Government Code Section 66020(d)(1), NOTICE IS
FURTHER GIVEN that the 90- day'period to protest the imposition of any fee, dedication,
reservation, or other exaction described in this resolution begins on the effective date of
this resolution and any such protest must be in a manner that complies with Section 66020.
NOW, THEREFORE, the.City Council does hereby resolve as follows:
Section Jr: Environmental. Findings:
The City Council findsahatMinorConditional Use Permit 99 -01 is exempt under the
provisions of`the California Environmental Quality Act, "Class 3, a small facility or
structure.
Section 2: Findings:
The approved project is consistent with the general plan in that semi- public
facilities are permitted to be located in all zones if regulated by a conditional
use permit.
2. That the location, size, design, and operating characteristics of the project
will be compatible with and will not adversely affect or be materially
detrimental to adjacent uses, residents, buildings, structures, or natural
resources, in that the facility will be located on the north side of Kent Hill,
which is distant from any adjoining homes. The facility is self - contained and
needs minimal maintenance, resulting in very few vehicle trips per year.
That the harmony in scale, bulk, coverage, and density is compatible with
adjacent uses, in that the facility will not exceed the height of a single - family
home, and is only slightly greater in height than the GTE Mobilnet and
adjoining AirTouch Cellular facility, and can be screened from view by
landscaping.
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Resolution No. P -99 -35
Page 2
4. That therefare available public facilities, services and utilities for the project.
5. That there will not be harmful effect upon desirable neighborhood
characteristics, in that: servicing. of the facility will not be required;more than
once per month, therefore vehicle trips will be minimal.
6. That the generation of traffic will not: adversely' impact surrounding streets
and /or the City's Circulation Element, as stated in #5 above.
7. That the site is suitable for the type.and intensity'of the use, in that it is an
elevated site which . provides adequate line of-sight for the operation of
telecommunication broadcast.and receiving activities. The.top oYthe hill.is
level and large enough to accommodate tthe:facility, as well as the installation
of adequate screening materials.
8. That there will not be significant harmful effects upon environmental quality
and natural resources, in that the area proposed for installation is a cleared
area which is,completely disturbed.
9. That there are no other relevant negative impacts of the project which cannot
be mitigated.
Section 3: City Council Decision:
The City Council hereby approves MCUP 99 -01 subject to the following conditions:
Within 30 days of approval (1) the applicant shall submit in writing that all
conditions of approval have been read and understood; and (2) the property
owner.shall execute a Covenant on Real Property.
2. The use conditionally granted by this permit shall not be�conducted in such
a manner as to interfere with the reasonable use and enjoyment of
surrounding residential uses.
3. This minor conditional use permit shall be subject.to annual review by the
Director of Development Services for compliance with the conditions of
approval and to address concerns that may have occurred during the past
year. If the permit is not in compliance with the conditionsof approval, or the
Development Services Department has received complaints, the required
annual review shall be set for a public hearing before the City Council, to
consider modification or revocation of the use permit.
0 2422 9
Resolution No. P-9 9 - 3 5
Page 3
COMPLIANCE WITH THE FOLLOWING CONDITIONS`!S REQUIRED: COMPLIANCE
SHALL BE APP ROVE D;BY'THE DEPARTMENT OF DEVELOPMENT SERVICES.
SITE DEVELOPMENT
Site shall be developed in accordance with the approved site plans on file in the
Development Services Department'and the conditions, contained herein.
2. Revised site plans and building elevations incorporating all conditions ofapproval
shall ,be: submitted -to We Development Services Department prior to issuance of
building permits.. if technical interference with the existing telecommunication'
facility on the site is documented to show measurable impact, a revised site plan
shall be submitted to the satisfaction of the Director of Development Services prior
to building permit issuance.
3. Approval of this request shall not waive compliance with all sections of the Zoning
Ordinance and all other applicable City Ordinances in effect at the time of building
permit issuance.
4. The applicant shall participate in a road maintenance agreement for the said private
easement.
5. This approval shall become null and void if building permits are not issued for this
project within two years from the date of project approval.
LANDSCAPEIMPROVEMENTS
Complete landscape construction documents shall be submitted to and approved
by the Development. Services Department prier to the issuance of building
permits. Plans shall be prepared in accordance with City of Poway Guide to
Landscape Requirements (latest edition).
2. A Master Plan of the existing on- site`trees shall be provided to the Development
Services Department prior to the issuance of building permits and prior to grading,
to determine which trees shall be retained. The addition of fast growing evergreen
trees shall be required to provide a backdrop to the new antennas and effect
screening within a two -three year period.
3. Existing on -site trees shall be retained wherever possible and shall be maintained
in a horticulturally acceptable manner. Dead, decaying, or potentially dangerous
trees shall be approved for removal at the discretion of the, Development Services
Department during the review of the Master Plan of existing on -site trees. Living
r , " 2423 0
Resolution No. P -9 9 - 3 5
Page 4
trees which' +are approved for removal shall be replaced on a tree - for -tree basis as
required by the Development Services Department.
4. All landscaped areas shall be maintained in a healthy and thriving condition, free
from weeds, trash, and debris. The trees shall be.encouraged and allowed to retain
a natural form. Pruning should be restricted to maintain the health of the trees and
to protect the public safety. Unnatural or excessive pruning, including topping, is
not permitted.
APPROVED and ADOPTED b e City Gounc' Lof tbie Ci oway, State.;cf
California, this 4th day of May, 1999.
Robert C. Emery, Dep ayor
ATTEST:
r,-
n::
Lori Anne Peoples, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Lori Anne Peoples, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution, No. P- 99 - 35 was duly adopted by the
City Council at a meeting of said City Council held on the 4th day of May, 1999, and that
it was so adopted by the following vote:
AYES: EMERY, GOLDBY, HIGGIN50N, REXFORD
NOES: NONE
ABSTAIN: NONE
ABSENT: CAFAGNA 1 �,
IJA� Tn
Lori Anne Peoples, Uity Clerk
City of Poway